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Lamma ferry crash
Hong Kong

Lamma ferry disaster survivors, families considering civil suit

Ferry crash families, in private meeting with justice officials, asks what effect criminal trial may have on lawsuit against those responsible

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The collision between the Lamma IV (above) and the Sea Smooth is now the subject of a commission of inquiry. Photo: Nora Tam
Niall Fraser

Survivors and grieving relatives of the 39 people who died in Hong Kong's worst ferry disaster in decades have held a private meeting with top justice officials as they consider a civil suit against anyone identified as being responsible for the tragedy.

More than 60 people attended the until-now unreported meeting held on December 13, at which victims' families sought answers as to what effect potential criminal prosecutions for the deadly October 1 collision off Lamma Island could have on any civil action they might take.

Director of Public Prosecutions Kevin Zervos and two senior marine police officers leading the criminal investigation into the tragedy attended the meeting, held under the department's Victims Charter, which aims to ensure that crime victims are properly catered for.

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Police and department lawyers are now considering criminal prosecutions over the crash involving the Lamma IV ferry operated by Hongkong Electric and Hong Kong and Kowloon Ferry's Sea Smooth as passengers prepared to celebrate the National Day fireworks in Victoria Harbour. All who died were on the Lamma IV.

At the 90-minute meeting - held a day after the start of a government-appointed commission of inquiry - and in subsequent interviews with the Sunday Morning Post, some relatives said they felt legally under-represented at the inquiry, led by Mr Justice Michael Lunn.

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A woman who lost a family member in the accident said the Department of Justice had explained the procedure for any criminal prosecution.

"People are worried that information which might come out at the inquiry could affect any criminal prosecution and also how that might affect any plans for a future civil action for compensation," she said.

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